Bank of Arizona v. Thomas Haverty Co., 232 U.S. 106 (1914)

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

Syllabus

In this case, this Court thinks there was sufficient evidence as to the authority of the agent to make the agreement to support the verdict against the principal, and that the jury was warranted in finding that an agreement had been reached before certain questions reserved for further consideration had been raised.

The evidence tending to show that the agreement was a compromise between a mortgagee and a lienor in view of doubts that had arisen as to which had priority, this Court agrees with the lower courts that there was no guaranty as to the exact status of the lien either as to amount or priority.

Improprieties in remarks of counsel in addressing the jury may be cured by the instructions of the trial judge.

Where the record does not show that an objection was raised upon the appeal to the territorial Supreme Court, it cannot be considered by this Court. Gila Valley Ry. v. Hall, ante, p. 94.

13 Ariz. 418 affirmed.

The facts, which involve the validity of a verdict and judgment for damages for breach of contract obtained in the territorial courts, are stated in the opinion.